Phone Call Case Evaluation

Social Security Disability

What is Social Security Disability Insurance? 

Social Security Disability Insurance (SSD), also called Disability Insurance Benefits (DIB), is a federal program that provides cash benefits to people who are physically restricted in their ability to be employed because of a notable disability. This program is devised to provide supplemental income to those who have worked in the past, usually for a minimum of 5 years,  but are now unable to work for at least 12 months due to mental and/or physical medical impairments. The benefits are designed to replace your take-home income while you are unable to work during the pre-defined benefit period. You are then entitled to Medicare after you have received 24 months of disability. 

In order to receive disability insurance benefits, you are required to be evaluated and approved by the Social Security Administration. The approval process is convoluted and strict, but your chances are greatly improved with help from a social security disability attorney near Philadelphia.      

Am I Eligible For Disability Insurance Benefits?

Social security disability benefits can be available to workers and their children, widows and widowers. To generally qualify for benefits you must meet all of the following standards although there are few exceptions: 

  • Have worked long enough in jobs covered by social security (usually 5 years)
  • Have a medical condition that meets the social security definition of disability 
  • The disability or condition is expected to last at least 12 months or result in death 
  • Be under the age of 65
  • Complete a formal application

Disability insurance benefits may also be available to adults who have been disabled since childhood. The work requirement can be waived for individuals who have proven they are disabled at or before the age of 22. These applicants can rely on their parent’s work credits, who will not receive any benefit loss. Social security disability benefits approval is based on sequential medical evidence. Evidence may include documentation of symptoms and laboratory findings from a medical doctor and must exhibit the inability to work in order to be approved.   

Available Benefits

If you prove you meet the medical standard and your application is approved you are eligible for the following benefits:

  • You can get benefits for up to a year before you applied
  • The amount of your check will depend on how much you paid in FICA taxes while you worked
  • You can usually get benefits for your minor or disabled children
  • You are entitled to Medicare after you have received 24 months of disability

Household income and the severity of your disability has no impact on your benefits. Instead, social security disability benefits are based on average lifetime earnings. As of November 2019, the average disabled worker receiving disability insurance benefits earns $1,237 per month. The total amount of a disabled worker’s benefit and his or her family can receive falls between 150% to 180% of the disabled worker’s benefit. 

How to Apply For SSD?

You should begin applying for social security disability benefits as soon as you are disabled. We can help you apply for your benefits. Call LS&G at (215) 357-3300 to begin your application. Disability Insurance benefits will not begin until the sixth month of disability and the social security disability waiting period begins with the first full month after the date the Social Security Administration decides your disability began. The application provides the opportunity to include significant medical evidence that proves your quality under the requirements. 

Although the application is available to everyone, social security regulations are complicated, and the process is difficult to navigate. Our social security disability attorneys near Philadelphia can help you present the medical records needed to establish that you cannot perform any work that exists in the national economy. We will also help you by getting reports from your treating doctors about what they think you are capable of doing in a work setting. Your testimony alone is not enough to win your case.  Because many doctors are unfamiliar with the legal standards, it is important for you to have the leading Social Security Disability attorneys near Philadelphia working with your medical providers to get all the required evidence. If necessary our office will also ensure you are prepared for interviews and hearings with a judge. 

What to Do If Your Application Is Denied?

If you are unable to meet the requirements, the Social Security Administration will issue a denial. Refusal is based on your residual functional capacity or the maximum you can do in spite of your impairments, as well as, your age, your past relevant work and your education. Unfortunately, it is common to be denied after your first application. The repeat application is a tiring process that is best handled by a social security disability attorney near Philadelphia. 

If you are denied, you can appeal your claim. We recommend appealing your claim as soon as possible and within 60 days. It is possible to be denied a second time, in which case we would recommend requesting a hearing before an administrative judge. If you are again denied at the hearing, you have the right to appeal to the Social Security’s Appeals Council. The Appeals Council has the power to send cases back to the judges for a second look or reverse previous decisions made about the case. It can take over a year for the Appeals Court to come to a decision and if you are denied disability insurance benefits again you have the right to appeal to the Federal Court. Our lawyers can help you navigate this exhausting process and ultimately receive the benefits you and your family deserve.     

Contact Us

At Leventhal Sutton & Gornstein, we handle all cases on a contingency fee basis. Our Social Security Disability lawyers near Philadelphia can help you pursue your disability claim with efficiency and effectiveness. To schedule a free initial consultation to discuss your case, complete the form on our website or call us at 215-357-3300 or toll-free at 800-889-6101.

Do you have any questions? Call Toll Free 800-889-6101 or Free Case Evaluation